Competition Law in the Digital Age: Addressing Market Dominance in India's Digital Economy

Abstract

Competition law has historically evolved according to the economic and social conditions prevailing within a jurisdiction. Earlier legislations were principally concerned with monopolies, restrictive trade practices and concentration of industrial power. The growth of digital markets has altered this position. Search engines, app stores, online marketplaces and social-media platforms derive advantage through data, network effects, technological integration and access to users rather than through physical assets alone. These characteristics make it difficult to identify market power merely by price or market share. This article examines the law relating to market dominance in the Indian digital economy. It traces the evolution of competition law, considers the Competition Act, 2002 and the approach of the Competition Commission of India, and compares the Indian position with the European Union, United Kingdom and United States. The research is doctrinal and is based upon statutes, decided cases, orders of the Commission, committee reports and secondary writings. It finds that section 4 is capable of dealing with several forms of digital exclusion; however, a purely case-by-case process may be slow where platform conduct changes markets quickly. It suggests a limited ex ante framework for systematically significant digital enterprises, stronger technical capacity in the Commission, and coordination with data-protection and sectoral regulators.